ALR License Suspensions After a Texas DWI Arrest

If you were arrested for DWI in Texas, two separate cases started that night — and most people only find out about the second one when it is too late to act. The first is the criminal DWI case, where a court decides guilt and punishment. The second is the Administrative License Revocation, or ALR: a civil process run by the Texas Department of Public Safety that can suspend your driver's license within weeks of your arrest, regardless of what happens in criminal court.

Here is the part that catches people off guard. You have just 15 days from the date of your arrest to request an ALR hearing. Miss that window and your license is suspended automatically, with no opportunity to contest it — not because you were convicted of anything, but simply because the deadline passed.

At Griffin & Cain, Attorneys at Law, our criminal defense team in Conroe represents drivers at ALR hearings throughout Montgomery County and Walker County. This page explains how the ALR process works, what is at stake, and why the first 15 days can shape both your license and your entire DWI defense. If you would rather talk through your situation than read about it, we offer a complimentary consultation — and with this deadline, sooner is better.

One person handing a driver license card to another person's open palm against a plain yellow background.

A red push pin marking the 15th day on a white desk calendar, illustrating the 15-day deadline to request an ALR hearing in Texas.

Two Separate Cases, One Arrest

An ALR license suspension is not a criminal penalty. It is a civil administrative action handled by DPS, not by the judge who will hear your criminal case. Texas uses the ALR program to suspend the driving privileges of people who are arrested for DWI and either refuse chemical testing — breath or blood — or provide a sample that registers 0.08 or higher.

Because the two proceedings are completely separate, the outcomes are separate too. You can lose your license through ALR even if you are never convicted of DWI. You can also win your ALR hearing and still have to fight the criminal charge. The two cases run on different timelines, apply different legal standards, and are decided by different decision-makers.

The mistake we see most often: drivers pour all of their attention into the criminal case and let the ALR deadline quietly slip past. An arrest is not a conviction — but if you ignore the ALR side of your case, you can lose your license by default before your defense ever gets off the ground.

You Have 15 Days: Here Is How the Clock Starts

During a DWI arrest, the officer asks you to take a chemical test: either a breath test on the Intoxilyzer 9000 or a blood draw. Before making that request, the officer is required to read you a statutory warning, documented on a form called the DIC-24, that explains what happens if you refuse and what happens if you fail.

If you refuse the test, or if your breath sample registers 0.08 or above, the officer confiscates your physical driver's license on the spot and hands you a temporary driving permit called the DIC-25. That piece of paper is your license for the next 40 days. Request an ALR hearing within 15 days, and the suspension is put on hold — you keep driving on your existing license until a judge hears your case and issues a decision, as long as your license is not suspended or restricted for some unrelated reason. Do nothing, and the suspension takes effect automatically on the 40th day after you were served notice.

Blood cases work a little differently. If you agree to a blood draw, no suspension notice is issued at the time of arrest. The sample goes to a forensic laboratory for analysis, and if the result comes back at 0.08 or above, DPS mails you a suspension notice. From the date that notice is mailed, you have 20 days to request a hearing — one more reason not to ignore anything DPS sends you. Our page on breath and blood tests in Texas DWI cases explains how both kinds of evidence can be challenged.

If your 15 days are already running, contact our Conroe office today. We file ALR hearing requests immediately upon being retained, and a timely request keeps you on the road while we fight the suspension.

How Long You Could Lose Your License

The length of an ALR license suspension depends on two things: whether you refused or failed the test, and whether you have prior DWI-related contacts on your record within the preceding ten years.

First refusal of a breath or blood test: 180 days
Second or subsequent refusal: two years
First failure — a sample of 0.08 or above: 90 days
Second or subsequent failure within ten years: one year

If you drive for a living, the stakes climb sharply. A result of 0.04 or higher while operating a commercial vehicle triggers a one-year disqualification of your commercial driving privileges, and a subsequent offense can disqualify you for life. Drivers under 21 face suspension under Texas's zero-tolerance policy for any detectable amount of alcohol.

One more thing to understand: an ALR suspension and a criminal court suspension can both come out of the same arrest. They are separate penalties, and one does not replace the other. Our overview of DWI penalties and fines in Texas covers what the criminal side can add on top.

What Happens at the ALR Hearing

ALR hearings are conducted by administrative law judges from the State Office of Administrative Hearings, known as SOAH. SOAH is an independent state agency — it does not work for DPS and does not answer to DPS. The hearing is a recorded legal proceeding in which your attorney presents evidence and testimony on your behalf while a DPS attorney does the same for the state.

Here is what matters most: the burden is on DPS, not on you. In a standard DWI case, DPS must prove that the officer had reasonable suspicion to stop your vehicle, that the officer had probable cause to believe you were driving while intoxicated, that you were properly warned about the consequences of refusing or failing a test, and that you actually refused or provided a sample above the legal limit.

If DPS fails to prove even one of those elements, the suspension is lifted. If the judge rules for DPS, the suspension takes effect immediately after the ruling. An unfavorable decision can be appealed, though the grounds for appeal are limited — which is exactly why the goal is to put on the strongest possible case the first time.

The Hearing Is Also a Weapon: Your First Look at the State's Case

Too many drivers treat the ALR hearing as a side issue next to the criminal case. In reality, it is one of the most strategically valuable tools in a Texas DWI defense — for three reasons.

It protects your license. Winning the hearing means avoiding the suspension entirely. For most people, staying on the road for work, school, and family is the most immediate, practical worry after an arrest — and this hearing is how we address it.

It puts the officer under oath — early. The arresting officer typically testifies at the ALR hearing, and your attorney can cross-examine them about the traffic stop, the arrest, the field sobriety tests, and the chemical testing procedures. Every answer goes on the record, and any inconsistency in that testimony can be used later in the criminal case. If you believe the stop itself was wrong, knowing your rights during a DWI stop will help you understand what we press the officer on.

It exposes weaknesses the police report never shows. In our experience, problems such as a lack of reasonable suspicion for the stop, failures to follow proper testing protocols, or gaps in the officer's training and certification often surface for the first time under cross-examination. Findings like these can support motions to suppress evidence as the criminal DWI process moves forward — and suppressed evidence can mean reduced charges or even a dismissal.

The earlier we are involved, the more this hearing can do for you. Contact our Conroe office before your hearing date is set, and we will prepare to question the arresting officer about every detail of your stop, your arrest, and your testing.

Missed the 15-Day Deadline? Here Is Where You Stand

If you do not request a hearing within 15 days of receiving the DIC-25 notice — or within 20 days of the mailing date in a blood test case — the suspension takes effect automatically on the 40th day. There is no extension, no grace period, and no way to request a late hearing. The deadline is unforgiving, which is why contacting an attorney immediately after a DWI arrest is so important.

Missing the deadline does not necessarily mean you are off the road for the entire suspension. You may still be eligible for an occupational driver's license, sometimes called an essential needs license. This restricted license lets you drive for specific purposes: commuting to work, attending school, performing essential household duties, and attending court-ordered programs. Getting one requires filing a petition with the court and meeting specific eligibility requirements — a process an attorney can handle while the rest of your case moves forward.

ALR Hearings in Montgomery County and Walker County

For drivers arrested in Montgomery County, Walker County, and the surrounding areas, ALR hearings are typically conducted by SOAH administrative law judges assigned to the region. Depending on current SOAH procedures and scheduling, your hearing may be held in person or by video conference.

Facing a License Suspension?

You have 15 days to request an ALR hearing. Do not let the deadline pass. Your first consultation is complimentary. Send us a message using the form below.

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The attorneys of Griffin & Cain, Attorneys at Law, photographed together in the firm's Conroe office.

From our Conroe office, Griffin & Cain handles ALR hearings for clients arrested in The Woodlands, Conroe, Huntsville, Magnolia, and across the broader Montgomery County area. We know how local law enforcement agencies conduct DWI investigations and testing, and we put that knowledge to work in both the ALR hearing and the criminal courtroom.

The first thing we do when we take a case like this is file the hearing request to stop the clock. Then we subpoena the arresting officer, gather every available piece of discovery — the DIC-23, DIC-24, and DIC-25 forms, offense reports, and any breath or blood test results — and build a focused strategy to fight your ALR license suspension while laying the groundwork for your criminal defense.

Frequently Asked Questions About ALR License Suspensions

What is the difference between an ALR suspension and a criminal court suspension?

An ALR suspension is a civil action taken by DPS because you refused or failed a chemical test. A criminal court suspension is ordered by a judge as part of the punishment for a DWI conviction. They are separate proceedings, and you can face both suspensions from a single arrest.

Can I still drive after my DWI arrest?

Yes, at first. The temporary driving permit the officer issued you, called the DIC-25, is valid for 40 days. If you request an ALR hearing within 15 days, you can keep driving until the hearing is held and a decision comes down. If you do not request a hearing, your suspension begins on the 40th day.

How much does an ALR hearing cost?

There is no filing fee to request the hearing itself. If your license is ultimately suspended, DPS charges a $125 reinstatement fee before you can renew or reinstate your license once the suspension period ends. Attorney fees for ALR representation are separate and vary by firm.

Can I get an occupational license if I lose my ALR hearing?

In many cases, yes. An occupational driver's license allows limited driving for essential purposes such as work, school, and court-ordered programs. Your attorney can petition the court for one, which involves showing that the suspension causes an unreasonable hardship and that you have completed or enrolled in any required programs.

Will winning my ALR hearing help my criminal DWI case?

It can. The hearing gives your attorney the chance to cross-examine the arresting officer under oath, obtain discovery, and identify weaknesses in the state's evidence. Inconsistencies or procedural errors uncovered at the hearing can support suppression motions or strengthen plea negotiations in the criminal case.

What if I was arrested but never formally charged with DWI?

The ALR process is triggered by the arrest and the refusal or failure of the chemical test, not by the filing of criminal charges. That means you can face an ALR suspension even if the prosecutor never files a DWI charge. If the criminal case is dismissed or you are acquitted, you may petition to have the ALR suspension removed from your record.

A Few Words From Satisfied Clients

Brenda Jones 2 weeks ago

Based on our recent experience, i would never recommend Bryan to handle a divorce case. On the phone he gave me the impression he was up to the task. Unfortunately that was not our experience. When i expressed my concerns in an email to his office i never heard from him or his representative. In our communications with him he never seemed to support my brother's position and often acted as if he was more in favor of his estranged wife. I felt I paid him to represent her. When the parties went to mediation my brother did not feel that bryan had prepared him to clearly present his position and goals to achieve an outcome he could live with. In frustration, he threw in the towel to settle and left feeling defeated. I was so disappointed in the representation we received. Even when we met in his office, he appeared dismissive and uninterested in representing my brother. Bryan quoted me a price to handle the case but when everything was finalized I received a bill for a significant additional amount. I feel I threw my money away. He basically just handled the paperwork. I wish he had put as much energy into representating my brother as he does in making office videos.

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Highly professional, knowledgeable, and transparent on a host of issues. I recommend their services to anyone in need of good counsel.

Danielle Gamboni 4 months ago

We worked with Marissa Garcia at this firm and I cannot speak highly enough about her and her efficiency. She helped us tremendously with our case and provided all the leg work necessary for a positive outcome. I highly recommend this firm for all of your legal needs!

Western Butler 4 months ago

Bryan and his team did exactly what was asked of them! Will be using him for any future legal issues.

James D. Pickett 4 months ago

Brian Cain has provided several services for our family over the past 2 years. He is kind, caring and an exceptional professional.
Our last review post was a year ago; Brian has continued to provide excellent work and advice on legal matters.

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I had the privilege of working with Davida Johnson, and I cannot recommend her highly enough. She is professional, knowledgeable, and incredibly detail-oriented. Throughout my case, she was responsive, clear in her communication, and truly dedicated to achieving the best possible outcome. Her compassion and commitment made a difficult process much more manageable. I’m very grateful for her support and expertise.

Billy Burns 5 months ago

Brian Cain and his team is an amazing law office. I got jerked around by Montgomery County for almost 5 years spending close to $40,000 on attorneys. When I ran out of money and all hope the court appointed me, Brian by the grace of God, he walked into the courtroom within 30 minutes and had my case closed. Absolutely light years ahead of any other Law Firm working in Montgomery County! I would trust him with the legal well-being and lives of my children!

Zach Binder 1 year ago

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I've been fortunate enough to be able to consult with Robert Griffin on a variety of legal issues over the years and I've always received very sober and realistic consul. He's an excellent communicator and I feel like I have a clear understanding of my legal rights, and obligations, every time we speak, and never feel like I'm being talked down to when he explains the law to me. Robert and his partners will always be my first call for any legal situation and I recommend them wholeheartedly for any legal service required.

Act Now to Protect Your License

The 15-day window to request an ALR hearing is one of the most critical deadlines in Texas DWI defense. Miss it, and you lose your license by default, with no chance to contest the suspension. Meet it, and you keep driving while we turn the hearing into an early, aggressive test of the state's case against you.

At Griffin & Cain, Attorneys at Law, we file ALR hearing requests immediately upon being retained, and we use the hearing as a strategic tool to protect both your driving privileges and your criminal defense. If you have been arrested for DWI in Conroe, The Woodlands, Huntsville, or anywhere in Montgomery or Walker County, call our Conroe office today for a complimentary consultation. Every day counts, and early action can make the difference between keeping your license and losing it. An arrest is not a conviction — let our DWI defense team fight for your rights from the very beginning, starting with your license.